This Article exposes a misapplication of federalism as the driving force behind the Supreme Court's extreme narrowing of the 42 U.S.C. § 1983 remedy for beneficiaries of federal-state cooperative spending programs. Originally, the Court applied a presumption, via § 1983's straightforward...

The most important aspect of American federalism embodied in the Constitution is the constitutional facilitation of a national free trade zone known as the United States wherein each independent unit is disabled from erecting barriers to trade under what is popularly termed the Interstate...

The growing prospect of comprehensive national climate change legislation raises many important questions about the role of state efforts in a national climate change program. This article identifies the key state/federal issues that should be addressed in any comprehensive national...

The fields of regulatory federalism and fiscal federalism have developed largely in isolation from each other. Building on the new scholarship of federalism in the legal academy, this Article seeks to integrate the insights of the two areas. The financial dimension offers a crucial perspective...

This paper contributes to an agenda that views the effects of policies and institutional reforms as dependent on the structure of political incentives for national and subnational political actors. The paper studies political incentive structures at the subnational level and the mechanisms...

What is it about federal governance that makes it so attractive to economists, political philosophers and legal scholars and is there any evidence that would suggest all this attention is warranted? Proponents see federalism as a means to more efficient public and private economies, as the...

Federalism and international trade regulation are popular topics in the legal literature, but the intersection of these two topics remains under-examined. This article explores this important intersection by engaging in a comparative analysis of U.S. and Canadian federalism, and by considering...

The Sherman Act establishes free competition as the rule governing interstate trade. Banning private restraints cannot ensure that competitive markets allocate the nation’s resources. State laws can pose identical threats to free markets, posing an obstacle to achieving Congress’s goal to...

Whether or not the federal government should price carbon continues to be debated. There were several scholarly pieces examining the relative advantages and disadvantages of cap and trade v. a carbon tax at the time of Congressional Debate on the American Clean Energy and Security Act in 2010....

This chapter provides an economic perspective of environmental law and policy. We examine the ends of environmental policy, that is, the setting of goals and targets, beginning with normative issues, notably the Kaldor–Hicks criterion and the related method of assessment known as...